Since the start of the COVID-19 pandemic, domestic violence incidents have been on the rise. In some areas of the United States, domestic abuse crime reports have risen as much as 25 percent. Domestic violence is taken seriously in Illinois, with stiff penalties for those convicted of this type of crime. Although false allegations are rare, you should be ready to aggressively defend yourself in court if you face them. Work with an accomplished domestic violence attorney to develop a thorough understanding of Illinois domestic violence law and build your case. 

Why Would Someone Make False Allegations of Domestic Violence?

First, it is vital to understand who can make domestic violence claims in Illinois. This includes “family members, spouses or ex-spouses, people who share a residence, people who have a child in common, people who are dating or used to date, and people with disabilities and their personal assistants.” Domestic violence is not limited to the nuclear family. Many people are capable of making domestic violence allegations that you should treat seriously.

Accusing someone of domestic abuse is a serious action. Still, some people will feel compelled to do so in some common situations. For instance, a spouse who is desperate to win full parenting rights during a divorce might falsely accuse their spouse of domestic abuse. Similarly, spouses or family members might make false accusations to gain property or assets.

Punishment for Domestic Violence

Even if you are innocent, you are still subject to harsh punishment if you are convicted of domestic violence on false claims. If allegations include children, sexual assault, or the possession of a weapon, you could be subject to a class 4 felony. This could amount to six years in prison, so there is a lot on the line when you are falsely accused of domestic violence. If you already have a criminal history, a judge may extend this punishment. A low-level domestic battery charge is categorized as a Class A misdemeanor, including up to one year in prison, probation, a fine, and potential counseling. 

Defending Against False Allegations of Domestic Violence 

Before understanding how to proceed with your defense, it is essential to comprehend Illinois law’s definition of domestic violence so you know whether the claims made against you could lead to charges or not. For example, it is common for people to assume that domestic abuse is purely physical. Illinois law also includes mental and emotional abuse as a punishable offense. Whether the accusations you face are true or false, an attorney can help you see clearly and understand how to move forward with your defense. 

Contact a Will County Criminal Defense Lawyer

Domestic violence carries heavy punishment, so you should take any false allegations very seriously. At The Law Offices of Tedone & Morton, P.C., we will use our extensive experience defending clients against domestic violence claims to build your case. Call our Joliet office at 815-666-1285 or our Plainfield office at 815-733-5350 to schedule your free consultation with a Plainfield, IL domestic violence attorney.

Sources:

https://illinoisattorneygeneral.gov/women/idva.html

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

The state of Illinois has been encouraging people to stay at home in recent weeks to stop the spread of COVID-19, but for some, this new stay-at-home rule could mean an increase in domestic violence. It is frustrating to be cooped up at home, and in certain cases, these feelings could lead to a higher rate of abuse accusations. Some people may be wondering about their legal options during a stay-at-home order. Courts in Illinois are still open for business with modified hours to ensure that victims of domestic violence can file for orders of protection. If an emergency protective order is granted, an alleged abuser may be required to find another place to stay throughout the duration of the stay-at-home order. If an order of protection has been issued against you in Illinois, it is essential that you understand its stipulations to avoid criminal charges. 

What Is an Order of Protection?

An Illinois order of protection is a legal document issued by the court that keeps a victim of domestic violence separate from his or her alleged abuser both physically and via electronic communication. Anyone who is allegedly being abused by a member of his or her household can petition for a protective order. Members of a household include:

• Spouses

• Parents or children

• Legal guardians

• Anyone related to the victim

Once the order of protection has been served to the alleged abuser, he or she will be unable to stay in the household with the alleged victim. In some cases, the recipient of the order will also be given a certain distance that he or she will need to stay away from the alleged victim. Additionally, an alleged abuser cannot have contact with his or her alleged victim via telephone, email, or social media. This is meant to ensure that an alleged victim will be protected from verbal abuse, online harassment, or other actions that can cause them harm.

What Behaviors Violate an Order of Protection?

Coming into any sort of contact with the alleged victim while an order of protection is in place will constitute a violation of the order. Other types of violations include:

• Knowingly committing any act that goes against what is written in the order

• Knowingly breaking the distance in which the alleged abuser is supposed to stay away from the alleged victim

• Contacting or harassing the alleged victim via social media with an account under a different name

Any violation of a protective order is punishable as a Class A misdemeanor in Illinois. An alleged abuser has the right to fight the order of protection and all charges of domestic violence. The named abuser may state that he or she did not commit the alleged acts of abuse, or he or she may argue that his or her actions were taken in self-defense.

Contact a Joliet, IL Criminal Defense Attorney

Being accused of domestic violence is a serious allegation that can carry significant punishments. If you or someone you know is facing domestic abuse charges or has been served with an order of protection, it is imperative that you speak with an experienced criminal defense attorney as soon as possible. The skilled legal team at Tedone & Morton, P.C. will build a strong defense on your behalf and make sure no punishments are issued without cause. To schedule a free consultation with our diligent Will County domestic violence defense lawyers, call our office today at 815-666-1285.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

The Illinois State Police approximates that 95 percent of domestic violence cases are men beating women. One case happens every 15 seconds, and Illinois has severe punishments for those offenders convicted of the crime. Charges can range from a misdemeanor to a felony, and convicted abusers can also face many ramifications to their lives, including no access to their victims, isolation from their community, a tarnish on their reputation, and the inability to get a job or purchase a house.

Illinois Domestic Violence Act

The state of Illinois observes domestic violence between members of a household, including:

• Spouses

• Parents and children

• Step-children

• People who share the same house

• Co-parents who share parental responsibilities of a child

• People with disabilities and their caretakers

According to Illinois law, domestic violence can include more than just physical violence. Other forms of domestic violence include harassment, stalking, peeping, keeping children away from their parents without reason, forcing a person to do something they do not want to do, and forcing a child to watch an act of abuse. These types of offenses can lead to a Class A misdemeanor charge, which can be punished by one year in prison, probation, fines, and counseling. Charges may be elevated to felonies for several reasons, including:

• If an abuser has prior domestic violence charges, they will face a Class 4 felony.

• A Class 4 felony will also be charged if the act of domestic violence involves a child, a firearm, or sexual assault.

• Aggravated domestic battery is a Class 2 felony charge, which can lead to a prison term of three to seven years.

Alleged abusers may also face an order of protection, which victims are encouraged to file during a domestic violence case. This type of restraining order will restrict an alleged abuser from having any contact with their alleged victim, and it may place a number of other requirements on a person, including staying out of their house, paying child support or spousal support, or attending counseling.

Defenses Against False Allegations

Unfortunately, some cases of alleged domestic violence turn out to be based on false accusations. In these cases, alleged abusers benefit from having legal counsel on their side to help avoid negative outcomes and a criminal record. An attorney can look into each individual case and find out if there is any evidence showing that the abuse did not occur. An attorney may be able to help demonstrate that an alleged victim's story was fabricated in order to keep a parent from their child or as an attempt to influence the decisions in a child custody dispute.

Contact a Joliet, IL Criminal Defense Attorney

Domestic violence is taken seriously in the state of Illinois. In some cases, however, the accusations may not be true. That is why it is imperative for an alleged abuser to seek the help of a knowledgeable attorney who can properly look into the circumstances of the case. The lawyers of Tedone & Morton, P.C. are capable of building a solid defense on your behalf to avoid a false conviction. To schedule a free consultation with a diligent Will County domestic violence lawyer, call our office at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

https://www.isp.state.il.us/crime/domesticviol.cfm

When violence, threats, and/or physical altercations occur during an argument between family members or intimate partners, there is a risk of domestic violence charges for at least one of the involved parties. Those that have never been in such a situation might not understand what this truly means for their current situation, or their future. The following information can help you better understand the potential consequences of a domestic violence charge, and how you can fight back against them.

What Constitutes Domestic Violence in Illinois?

Domestic violence is any intentional act that causes bodily harm to a family or household member, or physical contact that is insulting or provoking in nature (i.e. pinching, pulling on clothing, threatening with a firearm, etc.). What this means is that you can be charged with domestic violence, even if you did not cause any physical harm. The victim only needed to believe they were at risk for bodily injury. It should also be noted that “family members” include a wide range of persons, including:

• Biological children,
• Stepchildren,
• Spouses and/or former spouses,
• Parents,
• Stepparents,
• Current or former roommate and/or intimate partner,
• A disabled or elderly individual for whom you provide care,
• Grandchildren,
• Aunts and/or uncles,
• Cousins, and
• Individuals with whom you have a child.

Domestic Battery versus Aggravated Domestic Battery

The law separates domestic violence charges into one of two categories: domestic battery and aggravated domestic battery. Physical harm or unwanted, provoking, or insulting physical contact are classified as domestic battery. Aggravated battery typically involves violent acts that result in great bodily harm, disability, or disfigurement.

Domestic battery is typically charged as a Class A misdemeanor, which can include consequences of up to a year in jail, probation, fines, and/or counseling. Yet the charge can be classified as a Class 4 felony if there is a previous conviction, or if the defendant has allegedly committed battery with a firearm, battery that involved a minor child, or battery that included sexual assault. In these situations, the consequence can be elevated to up to three years of imprisonment.

Aggravated domestic battery is considered a Class 2 felony and is punishable by up to seven years of imprisonment. In some situations, the defendant may be able to request probation. However, those that have a history of domestic violence do not have this option. Further, there are certain situations in which the consequences could be increased to 14 years of imprisonment.

Fighting Back Against the Charges

If you or someone you love is facing charges for domestic violence, contact the Law Offices of Tedone and Morton, P.C. for assistance. Our Joliet criminal defense attorneys will fight to help you avoid conviction and the resulting consequences. No matter what the situation, we will aggressively pursue the most favorable outcome possible. Schedule your consultation by calling 815-666-1285 today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

Considered a serious crime in the state of Illinois, domestic battery can lead to severe and long-lasting penalties for the accused. In fact, a single accusation can completely turn your life upside down, potentially putting your livelihood, reputation, and even your family at risk. If you are facing a domestic violence charge in Illinois, learn what the potential consequences could be, and how you can best protect yourself from the possible consequences of a conviction.

What Constitutes Domestic Battery in Illinois

Defined as intentionally causing physical harm to a family member, intimate partner, or former family member/intimate partner, domestic battery charges can arise out of either actual physical violence, or verbal threats and provocative body language that causes the victim to believe they are at an immediate risk for harm. Examples of actions that can be considered domestic battery may include (but is not limited to):

• Hitting, kicking, slapping, or shoving;
• Grabbing, yanking, or hair-pulling;
• Biting, scratching, or pinching;
• Choking, strangling, or physically restraining;
• Threatening to hit and then rearing your arm back;
• Throwing something that hits the victim (even if accidentally); and
• Pointing a firearm (or something that looks like a firearm) and threatening to use it.

Potential Consequences of Conviction

Depending on the circumstances of the case, domestic battery can be charged as either a Class A misdemeanor or as an aggravated domestic battery charge, which is a Class 2 felony. The former is punishable by up to one year in jail. Conviction of the latter can result in a sentence of up to seven years in prison. Both may also restrict your contact with the victim, which can cause emotional distress for any children you may have. Further, you walk away with a domestic battery charge on your criminal record. Even at the misdemeanor level, the presence of this charge can be detrimental to your livelihood, reputation, and future employment/housing opportunities.

Vindictiveness a Common Issue in Domestic Battery Cases

Because victims are not burdened with the proof of physical injuries – only with “proving” that they feared they were at immediate risk for harm – vindictiveness is exceedingly common in domestic battery cases. It could be that the victim and accused are going through a divorce and the “victim” wants to ban the accused from visitation with their children. Alternatively, an emotionally abusive partner may press domestic battery charges to “prove a point.” Whatever the situation, it is important that defendants do not attempt to fight the charges alone – even if they are innocent.

Never Fight Domestic Battery Charges Alone

It might seem easy to prove your innocence, but the increasing awareness of domestic violence means that judges are starting to err more on the side of caution. They often taking the word of alleged victims at face value to avoid making a critical and dangerous mistake. So, even if you are innocent – even if you were not in the location of the alleged attack at the time it supposedly occurred – you need help from a quality defense attorney to ensure you are not wrongfully convicted.

At the Law Offices of Tedone and Morton, P.C., we know that domestic battery cases are not always what they seem. Dedicated to your best interests, we will aggressively protect your rights and fight for the most positive outcome possible for your situation. Schedule your consultation with our experienced Joliet criminal defense lawyers today to learn more. Call us at 815-666-1285.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2